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ALL OTHER LEGAL ARTICLE INDEX FOR 2020 FROM THE BACKGROUND BUZZ (43)


PA Amends Background Check Requirement for Employees Working With Children

January | Pennsylvania: An amendment to Pennsylvania’s Child Protective Services Law prevents an employee who has direct contact with children from starting the job without a background check.

Financial Institutions and the FCPA

January | National: Financial institutions should be screening employees to determine if an employee could pose a FCPA threat.

Key Takeaways for Furnishers from the CFPB’s Recent Supervisory Highlights on Credit Reporting

January | National: The CFPB issued Supervisory Highlights in 2019, covering the topics of credit reporting and furnishing credit information to CRAs.

House Passes Bill Restricting Employer Credit Checks

February | National: The House of Representatives passed the Comprehensive CREDIT Act of 2020, changing federal laws regarding consumer reporting agencies and credit checks.

New Amendment to the PA Background Check Requirements for Employees Who Have Contact with Children

February | Pennsylvania: A PA amendment to its Child Protective Services Law prohibits employees, administrators, supervisors and others from employing applicants on a provisional basis without a waiver from the department.

PA School Districts Given the Green Light to Exceed Mandates of PA School Code in Background Checks for Contractors

February | Pennsylvania: A Pennsylvania court ruled that nothing prohibits a school district from requiring criminal background checks on workers that have no direct contact with children.

Alameda County DA O’Malley Announces $7.5 Million Settlement with Walgreens

February | California: A lawsuit against Walgreens has been settled and, in addition to $7.5 million in penalties, costs and remedial payments, requires steps to ensure compliance.

3 Employment Screening Trends to Know Before You Hire in 2020

February | National: With FCRA class action lawsuits expected to continue to rise, there are three steps that can be taken to ensure compliance before hiring.

Walgreens Will Pay $7.5 Million to Settle Unlicensed-Pharmacist Claims

March | California: Walgreens was sued for allegedly employing an unlicensed pharmacist, who dealt with more than 750,000 prescriptions.

Court: Wisconsin Must Expunge Criminal Records from Database

March | Wisconsin: It has been determined that the Wisconsin Department of Justice must expunge arrest records of people who aren’t charged from its criminal database.

Akin Gump COVID-19 Resource Center Now Provides U.S. Court System Updates

March | National: Akin Gump continues to track court closures in response to COVID-19.

Statement on Supervisory and Enforcement Practices Regarding the Fair Credit Reporting Act and Regulation V in Light of the CARES Act

April | National: The Consumer Financial Protection Bureau believes that flexibility will help furnishers and CRAs to manage the challenges the pandemic has posed.

Fresh Direct Suit Alleges Race Bias in Worker Screening

May | New York: A Manhattan Fresh Direct and others in the franchise were accused of excluding workers with certain types of criminal records, a violation of New York laws.

Massachusetts Enacts Emergency Regulation on CORI Verifications

May | Massachusetts: Massachusetts’ Department of Criminal Justice Information Systems (DCJIS) passed an Emergency Regulation addressing social distancing limitations.

What We Can Expect from the CCPA Regulations

May | California: Non-compliant businesses should quickly become familiar with requirements and components of the California Consumer Privacy Act (CCPA).

$550 Million Preliminary Settlement Reached in Biometric Privacy Class Actions

May | Illinois: A preliminary settlement has been reached in a case alleging violations of the Illinois Biometric Information Privacy Act (BIPA).

Seventh Circuit Weighs in on Article III Standing for Violations of the Illinois Biometric Information Privacy Act

May | Illinois: The Seventh Circuit ruled that alleging a defendant failed to comply with prior notice and consent requirements under the Illinois BIPA is sufficient to confer Article III standing.

California Attorney General Submits CCPA Proposed Regulations to Office of Administrative Law

June | California: If approved, businesses in California will have little to no notice before the CCPA regulations become effective.

Eleventh Circuit Rules That Scraping Public Available Data May Constitute Trade Secret Misappropriation

June | Florida: A former employee’s argument that his employer violated the FCRA when it provided the consumer report disclosure with other application materials has been rejected.

Californians for Consumer Privacy Introduces California Privacy Rights Act for November 2020 Ballot

June | California: A possible amendment to the California Consumer Privacy Act of 2018 was approved for inclusion on the November ballet.

The FTC Published Guidelines on Artificial Intelligence and Algorithms

June | National: Five key elements are highlighted in guidelines released by the FTC on the use of AI and algorithms.

FCRA Language in the Heroes Act — Impact on Employers

June | National: An amendment to the Heroes Act would significantly impact the information employers receive when requesting an employment-related background check from a vendor.

Colorado Governor Vetoes Bill to Extend Private Investigator Licensure Requirements

July | Colorado: A bill was vetoed by Colorado’s governor that would remove specific requirements for private investigators.

Supreme Court Says CFPB’s Leadership Structure is Unconstitutional

July | National: The structure of the Consumer Financial Protection Bureau was determined by the Supreme Court to be unconstitutional, but it is permitted to operate under new rules.

Sallie Mae Accused of Race Bias in Worker Criminal Record Checks

July | Delaware: Sallie Mae Bank has been accused by the U.S. District Court of Delaware of using a criminal history check policy that has a discriminatory impact on Black applicants.

FCRA Consumer Disputes and Reinvestigations

July | National: A Compliance Aid was issued by the CFPB that will assist in interpreting the consumer reporting requirements of the CARES Act and other policies and regulations related to it.

10 Key FCRA Decisions and Why Companies Should Care About Them

August | National: Three FCRA cases clarified the definition of CRA and the scope of liability for CRAs versus users and furnishers.

The Business of Background Checks During a Pandemic

August | National: The retail and healthcare industries both have struggled with how to obtain and consider background check information for hiring and personnel decisions during the pandemic.

Background Checks and the Fair Credit Reporting Act: Keep It Simple!

September | National: With FCRA-related cases on the rise, it is important for employers to follow all regulations, while keeping its processes simple and clear.

California Creates a New State-Level Financial Protection Bureau

September | California: A bill was passed in California that creates a Department of Financial Protection and Innovation and bolsters legal protections for consumers.

Preparing for the Next Front in Biometric Class Actions: Portland’s Facial Recognition

September | Oregon: Portland recently banned the use of facial recognition technology in any place of public accommodation.

Portland, Oregon First to Ban Private-Sector Use of Facial Recognition Technology

October | Oregon: Portland became the first jurisdiction in the United States to ban the private-sector use of facial recognition technology in public places within the city.

Attorneys Provide Eight Tips to Ensure Compliance with Texas’ Biometric Privacy Laws

October | Texas: Employers in Texas should be aware of the Capture or Use of Biometric Identifier Act (CUBI), which applies to commercial uses of biometrics.

The Legal Minefield Surrounding Biometrics in the Workplace

October | National: Taking careful precautions when it comes to the use of biometric technology will help businesses avoid the potential risk of noncompliance with state privacy laws.

Maine Federal District Court Rules FCRA Preempts 2019 Amendments to State’s Credit Reporting Law

October | Maine: The FCRA preempts two 2019 amendments to Maine’s credit reporting law, as ruled by a Maine federal district court.

Lawmakers Look to Repeal Loitering for Prostitution Law They Say is Harmful to Minority Groups

October | New York: Lawmakers are aiming to repeal the “loitering for the purpose of prostitution” law, which allows police to detain or arrest someone if officers think the loitering it is for sex work.

CFPB Director: Stop Letting Industry Violate the Fair Credit Reporting Act

October | National: Several groups are urging the CFPB to consider limiting the additional time provided to the credit industry to investigate disputes to 15 or 30 days.

State Official Issues Reminder on Background Check Requirements

October | Pennsylvania: Pennsylvania’s governor has extended the time period for certain professionals to obtain a criminal history background check if they are unable to complete their fingerprint scan due to the pandemic.

Expanding Biometric Class Actions Beyond Illinois

October | Oregon: Portland has passed an ordinance that aims to ban the use of “facial recognition technology” in any place of “public accommodation.”

Ohio Supreme Court Reduces Employee Privacy Rights a Wee Bit in Lunsford v. Sterilite of Ohio, LLC

October | Ohio: The Ohio Supreme Court held that it is not an invasion of privacy for an employer to directly observe employees provide urine samples for drug tests.

Court Finds That Liability Insurance Coverage Covers Company Sued Under Illinois Biometric Information Privacy Act

October | Illinois: The Illinois Appellate Court recently ruled that a company’s liability insurance policy for personal injury covered an underlying class action alleging violations of the PIPA.

Dismissed Criminal Convictions in California

November | California: The employee in Lila Garcia-Brower v. Premier Automotive Imports of CA, LLC, was found to present enough evidence to prove the employer knew a past conviction was dismissed.

WebRecon Stats for Oct 2020 & Year-End Projections …

December | National: WebRecon makes some official predictions about the final numbers for the year regarding CFPB complaints, FCRA suits, TCPA suits and FDCPA suits.